CC SR 20260519 E - Claim Against the City - Anita H. Kowatsch
CITY COUNCIL MEETING DATE: 05/19/2026
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consider a claim against the City by Anita H. Kowatsch.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Anita H. Kowatsch.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Nathan Zweizig, Administrative Assistant
REVIEWED BY: Teresa Takaoka, City Clerk
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Anita H. Kowatsch claim (page A-1)
BACKGROUND:
The City is a member of the California Joint Powers Insurance Authority (“Authority”),
which provides risk management services and handles any liability claims received by the
City. Under the current practice, claims presented to the City are forwarded by the
Authority to a third-party claims administrator, Athens Program Insurance Services, LLC
(“Athens”) for review.
Athens staff review each claim on its merits and contacts the City with any requested
action pertaining to the disposition of the claim. City Staff and the City Attorney review
each claim when received and work closely with Athens throughout the claims process.
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DISCUSSION:
Claimant:
On March 2, 2026, the City received a claim for damages from Anita H. Kowatsch. The
claim was referred to Athens for review and investigation. The claimant states that the
City is responsible for sewer pipe damage and driveway damage to their property due to
the roots of a City-owned tree.
Deposition:
Athens staff have reviewed the claim and advised the City to reject it due to the
determination that the claimant's plumber explained his findings that when the lateral was
originally installed, cement was used to cover the connection. The cement began to
deteriorate due to ground movement, the transition connection began to separate, and
the line started to leak, attracting roots. This issue is a result of the deterioration of the
pipe joint. Since this issue is of no fault of the City, courts have ruled there is no liabil ity
on behalf of public entities.
CONCLUSION:
Athens recommends denying the claim for damages.
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